First 100 days Family Law Campaign - 96 to go and counting !

· Kevin Rudd has described himself as a Prime Minister for all Australians. He presents himself as a man of principle.

· For example, he has indicated he will not bow to special interest groups in appointing his Cabinet but rather appoint and promote on merit.

· With respect to Family Law, FLAG is giving Mr Rudd 100 days from his election on 24 November 2007 to show his true colours.

Bad Law

· Currently the law and its application by various Federal and State agencies:

o allows children to be removed from good parents for no reason;

o forces children into the care of emotionally, physically or sexually abusive parents; and

o financially and emotionally ruins non-custodial parents.

Results

· Every day at least three parents take their own lives as the direct result of bad law and its application.

· The children who suffer from this state supported emotional, physical and sexual violence are significantly more likely to:

o Run away from home;

o Become involved with drugs;

o Be admitted to psychiatric institutions; and

o Become involved in the most violent crimes, including assault, rape, arson and murder.

· Fixing Family Law will have flow on benefits by significantly reducing the drain on limited health and police budgets.

The Issue is Not Evidence

· FLAG and other families' and children's rights groups have tried for years to present the facts to Federal and State Governments with little or no success.

· Both sides of politics express surprise and doubt at research that does not support their ideological position - neither side will examine the issue objectively.

· Research and findings used by various Federal and State Governments range from lazy and disingenuous through to downright dishonest and corrupt.

· A recent example of the latter was a researcher conducting a study into suicide being told to exclude family law related suicides or risk having the research funding cut.

· One must ask the question - 'In whose interest is it for the current situation to be allowed to continue?'

Gaps in Family Law

· FLAG maintains that three major gaps in Family Law and its application are the cause of most of the problems destroying Australian families and Australia:

o Wildly inconsistent judgements with regard to the equal shared parenting and responsibility;

o False allegations by one or both parties to improve the respective positions in the eyes of the court;

o The lack of a legal duty of care of the State with regard to children removed from their parents.

Solutions

· International experience has shown that three simple changes will have an immediate and beneficial effect on the current appalling situation in Australia. These are amendments to Family Law to ensure:

o The rebuttable presumption of equal shared parenting,

o Zero tolerance of false allegations, and

o A legal duty of care by the State with respect to children removed from parents.

· To be effective, the amendments listed above must be supported by:

o The abolition of family case law, and

o The legislation be under the Acts Interpretation Act 1901.

Bad Law Makers

· Does FLAG have a positive expectation of the new Government?

· Not at all because Mr Rudd has some bad law makers in his team.

· Nicola Roxon is one of many in the new Government who believe that a parent who intentionally perjures themselves in the Family Court should not be held to account.

· Once again the question must be asked - 'In whose interest is it for the current situation to be allowed to continue?'

MR RUDD HAS 96 DAYS LEFT TO DEMONSTRATE THAT HE IS A MAN OF PRINCIPLE AND A